GILBERT v. STATE

No. 1-680A145.

411 N.E.2d 155 (1980)

Eugene GILBERT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

October 6, 1980.


Attorney(s) appearing for the Case

Paula Thrun Kight, Richards, Bibbins & Kight, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Michael Gene Worden, Asst. Atty. Gen., Indianapolis, for appellee.


ROBERTSON, Presiding Judge.

Eugene Gilbert was found guilty in a trial before the court of failure to yield right of way and fined $10 dollars plus court costs of $32 dollars. Gilbert alleges three errors on appeal, but because we reverse the trial court's verdict, we will deal only with whether the State presented a prima facie case.

The facts reveal that Gilbert was acting in his capacity as a truck driver when the incident occurred, and was operating...

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